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HomeMy WebLinkAboutStaff Report 7.A 04/03/2006 Revised AttachmentsDATE: TO: FROM: SUBJECT: Revised Attachments to TA CITY OF PETALUMA, CALIFORNIA MEMORANDUM Community Development Department, 11 English Street, Petaluma, CA 94952 (707) 778-4301 Fac (707) 778-4498 E-mail: edd @eipetalmma.ea.its March 31, 2006 Mike Bierman, City Manager Mike Moore, Community Development Direct r Revised Floodplain Moratorium Ordinances April 3, 2006 After the City Council packet for the April 3 agenda went out, the City Attorney was advised that the two respective flood plain moratorium ordinances that had gone out with the packet needed to be revised to address the existence of Letters of Map Amendment (LOMA) and Letters of Map Revision (LOMR) that have modified certain elements of the 1989 FEMA Flood Insurance Rate Maps (FIRM) for the 100 -year floodplain. Letters of Map Amendment are issued by FEMA to establish that a given property is not within a Special Flood Hazard Area; and Letters of Map Revision, also issued by FEMA, are an official amendment to the FIRM in effect at the time. A LOMR can change the flood zone, the delineation of the flood zone, or a base flood elevation. The Community Development Department maintains a file of all approved LOMA's and LOMR's. Attached to this cover memo are the final draft version of the two respective ordinances with identical language amendments to each that address the existence of LOMA's and LOMR's. The added language is underlined and can be found in Section 2 (A), "Scope". In each ordinance that section and the added language can be found on page 3. The two ordinances attached to this memo should replace the final draft version of each ordinance that went out in the packet. and should be the respective versions for Council consideration and possible action. c: Eric Danly, City Attorney Libby Silver, Meyers Nave ORDINANCE NO. AN URGENCY ORDINANCE IMPOSING A MORATORIUM ON THE ISSUANCE OF BUILDING PERMITS FOR NEW DEVELOPMENT IN THE CITY OF PETALUMA IN THE 100 YEAR FLOODPLAIN DEPICTED IN THE 1989 FEDERAL EMERGENCY MANAGEMENT AGENCY FLOOD INSURANCE RATE MAP AND UPSTREAM OF THE CONSTRICTION WEIR OFTHE ARMY CORPS OF ENGINEERS FLOOD CONTROL PROJECT IN THE CITY OF PETALUMA WHEREAS, the Federal Emergency Management Agency ("FEMA") issued in 1989 a Flood Insurance Rate Map ("FIRM") depicting a 100 Year Flood Plain in the City of Petaluma ("City"); and WHEREAS, "100 Year Flood Plain," as that term is used by the FEMA National Flood Insurance Program, refers to the area subject to flooding with a 1 percent chance of occurrence each year; and WHEREAS, on December 31, 2005, a number of Sonoma County cities, and communities, including the City, experienced flooding events; and WHEREAS, the estimated total cost of public and private damage due to flooding in Petaluma on December 31, 2005 has been estimated at approximately $55 million, as reflected in initial damages estimates submitted to the Sonoma County Office of Emergency Services; and WHEREAS, flooding such as occurred in the City on December 31, 2005 threatens the safety of residents and their real and personal property, commercial property and inventory, continued operation of businesses, economic development, employment of City workers, the availability of goods and services, tax revenue and other public and private revenue generation and the City economy generally, public facilities, infrastructure and services, including emergency services, safe transportation, and other critical and necessary aspects of life and work in the City necessary to its continued health, vitality and growth; and WHEREAS, Article XI, Section 5 of the California Constitution provides that it shall be competent in any city charter to provide that the city governed there under may make and enforce all ordinances and regulation in respect to municipal affairs subject only to restrictions and limitations provided in their several charters and in respect to other matters they shall be subject to the general laws; and WHEREAS, Section 54 of Article VIII of the Petaluma Charter provides that the City, by and through its council and other officials shall have and may exercise all E powers necessary or appropriate to the municipal corporation and the general welfare of its inhabitants, which are not prohibited by the constitution and which it would be competent for the charter to set forth particularly or specifically, and the specification of any particular powers shall not be held to be exclusive or any limitation on the general grant of powers; and WHEREAS, California Government Code Section 65858, subdivision (a) provides: that city legislative bodies may, to protect public safety, health and welfare, adopt as an urgency measuee an interim ordinance prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body is considering or studying or intends to study within a reasonable time; that adoption of such urgency measures requires a four-fifths vote of the legislative body; that such measures shall be of no effect 45 days from the date of adoption, and may be extended a maximum of two times and have a maximum total duration of 2 years; and WHEREAS, California Government Code Section 65858, subdivision (c) provides: that legislative bodies may not adopt or extend such interim ordinances unless they contain findings that there is a current and immediate threat to the public health, safety, or welfare, and that the approval of additional entitlements would result in that threat to the public health, safety or welfare; and WHERAS, in accordance with California Government Code Section 65858, subdivision (c), which provides that such interim ordinances that have the effect of denying approvals needed for the development of projects with a significant component of multifamily housing (as defined in California Government Code Section 65858, subdivisions (g) and (h)) may not be extended except upon written findings adopted by the legislative body as specified in the subdivision, the City Council hereby finds that; although a portion of the Moratorium Area established in this ordinance includes properties on which a significant component of multi -family housing could be built in accordance with the 1987-2005 Petaluma General Plan; nonetheless, based on the location of proposed multi -family development on such properties and the present status of the related development application, the moratorium established pursuant to this ordinance will not have the effect of denying approvals needed for the development of projects with a significant component of multi -family housing; and that, therefore, the findings specified in Section 65858, subdivision (c), need not be made; and WHEREAS, pursuant to Section 15001 of the California Environmental Quality Act (CEQA) Guidelines, this ordinance is exempt from CEQA based on the following: (1) This ordinance is not a project within the meaning of Section 15378 of the State CEQA Guidelines, because it has no potential for resulting in physical change in the environment, directly or ultimately. (2) This ordinance is categorically exempt from CEQA under Section 15308 of the CEQA Guidelines as a regulatory action taken by the City pursuant to its police power and in accordance with Government Code Section 65858 to assure maintenance and protection of the environment pending the evaluation and adoption of contemplated local legislation, regulation and policies. (3) This ordinance is not subject to CEQA under the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. For the reasons set forth in subparagraphs (1) and (2), above, it can be seen with certainty that there is no possibility that this ordinance will have a significant effect on the environment. NOW THEREFORE, the City Council of the City of Petaluma does ordain as follows: Section 1. Recitals Made Findinqs. The above recitals are hereby declared to be true and correct and findings of the City Council of the City of Petaluma. Section 2. Moratorium Imposed. A moratorium is hereby imposed on certain specified development in the City of Petaluma in the 1989 FEMA FIRM 100 Year Floodplain in accordance with the City's powers under Article XI, Section 5 of the California Constitution, Article VII, Section 54, of the City Charter, and California Government Code Section 65858, as follows: A. Scope No application for the issuance of permits for the construction of a building or structure located on a parcel or any part of a parcel in the City of Petaluma located in the floodplain as depicted in the 1989 FEMA FIRM 100 Year Floodplain Map, as amended by an approved Letter of Map Amendment (LOMA) or Letter of Map Revision (LOMR) on file with the Citv of Petaluma, and upstream of the of the constriction weir of the Project ("Moratorium Area") shall be approved during the moratorium period. B. Statutory Findinas and Purpose. This ordinance is declared to be an interim ordinance as defined under California Government Code section 65858. This ordinance is deemed necessary for the following reasons: 1. The purpose of this Ordinance is to protect the public safety, health, and welfare from a current and immediate threat posed by the issuance of development entitlements that could result in development in the Moratorium Area that may result in negative safety and economic impacts on or of such proposed new development on other or existing development. 2. New development projects have been and/or may be proposed for construction in the Moratorium Area, and unless a moratorium is imposed on the issuance of permits for the design and/or construction of buildings or structures located in the Moratorium Area, development in the Moratorium Area may result in negative safety and economic impacts on or of such proposed new development on other or existing development, thus increasing the potential damage to the public health, safety, welfare of Petalumans from events such as the flooding event of December 31, 2005. 3. It is, therefore, necessary to impose a moratorium on issuance of permits for the construction of a buildings or structures located in the Moratorium Area to provide time to evaluate and adopt legislation, guidelines and/or policies as required to avert negative safety and economic impacts on or of such proposed new development on other or existing development. C. Applicability. This ordinance shall apply to all applications for the issuance of permits for the construction of any building or structure located in the Moratorium Area that have not received final approval as of the effective date of this ordinance. D. Exceptions. This ordinance shall not apply to the following: 1. Tenant improvements and/or any other construction, repair or maintenance work on a building or structure existing as of the effective date of this ordinance; provided that, such work does not result in any increase in the square footage of the existing footprint of the structure, or in a different or more intensive use of the structure. 2. Development projects that are subject to City Council approval, and that have been approved by the City Council prior to the effective date of this ordinance, and that are not subject to further approval of the City Council, whether or not such projects are subject to further approval by subordinate City bodies or officials. 3. Modifications of projects approved by the City Council in accordance with provision D(2), above, provided that; such modifications do not result in any increase in the square footage of the existing footprint of the project. Section 3. Severabilitv. If any provision of the ordinance or the application thereof to any person or circumstance is held invalid,'the remainder of the ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this ordinance are severable. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. Section 4. Effective Date and Duration S This Ordinance shall become effective immediately upon passage and adoption if passed and adopted by at least four-fifths vote of the City Council and shall be in effect for 45 days there from -unless extended by the City in accordance with Government Code Section 65858. 810926_4 5 ORDINANCE NO. AN URGENCY ORDINANCE IMPOSING A MORATORIUM ON THE ISSUANCE OF ENTITLEMENTS FOR USES IN THE CITY OF PETALUMA IN THE 100 YEAR FLOODPLAIN DEPICTED IN THE 1989 FEDERAL EMERGENCY MANAGEMENT AGENCY FLOOD INSURANCE RATE MAP AND UPSTREAM OF THE CONSTRICTION WEIR OFTHE ARMY CORPS OF ENGINEERS FLOOD CONTROL PROJECT IN THE CITY OF PETALUMA WHEREAS, the Federal Emergency Management Agency ("FEMA") issued in 1989 a Flood Insurance Rate Map ("FIRM") depicting a 100 Year Flood Plain in the City of Petaluma ("City"); and WHEREAS, "100 Year Flood Plain," as that term is used by the FEMA National Flood Insurance Program, refers to the area subject to flooding with a 1 percent chance of occurrence each year; and WHEREAS, on December 31, 2005, a number of Sonoma County cities, and communities, including the City, experienced flooding events; and WHEREAS, the estimated total cost of public and private damage due to flooding in Petaluma on December 31, 2005 has been estimated at approximately $55 million, as reflected in initial damages estimates submitted to the Sonoma County Office of Emergency Services; and WHEREAS, flooding such as occurred in the City on December 31, 2005 threatens the safety of residents and their real and personal property, commercial property and inventory, continued operation of businesses, economic development, employment of City workers, the availability of goods and services, tax revenue and other public and private revenue generation and the City economy generally, public facilities, infrastructure and services, including emergency services, safe transportation, and other critical and necessary aspects of life and work in the City necessary to its continued health, vitality and growth; and WHEREAS, Article XI, Section 5 of the California Constitution provides that it shall be competent in any city charter to provide that the city governed there under may make and enforce all ordinances and regulation in respect to municipal affairs subject only to restrictions and limitations provided in their several charters and in respect to other matters they shall be subject to the general laws; and WHEREAS, Section 54 of Article VIII of the Petaluma Charter provides that the City, by and through its council and other officials shall have and may exercise all powers necessary or appropriate to the municipal corporation and the general welfare of its inhabitants, which are not prohibited by the constitution and which it would be competent for the charter to set forth particularly or specifically, and the specification of any particular powers shall not be held to be exclusive or any limitation on the general grant of powers; and WHEREAS, California Government Code Section 65858, subdivision (a) provides: that city legislative bodies may, to protect public safety, health and welfare, adopt as an urgency measure an interim ordinance prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body is considering or studying or intends to study within a reasonable time; that adoption of such urgency measures requires a four-fifths vote of the legislative body; that such measures shall be of no effect 45 days from the date of adoption, and may be extended a maximum of two times and have a maximum total duration of 2 years; and WHEREAS, California Government Code Section 65858, subdivision (c) provides: that legislative bodies may not adopt or extend such interim ordinances unless they contain findings that there is a current and immediate threat to the public health, safety, or welfare, and that the approval of additional entitlements would result in that threat to the public health, safety or welfare; and WHERAS, in accordance with California Government Code Section 65858, subdivision (c) which provides that such interim ordinances that have the effect of denying approvals needed for the development of projects with a significant component of multifamily housing (as defined in California Government Code Section 65858, subdivisions (g) and (h)) may not be extended except upon written findings as specified in the subdivision, the City Council hereby finds that; although a portion of the Moratorium Area established in this ordinance includes properties on which a significant component of multi -family housing could be built in accordance with the 1987-2005 Petaluma General Plan; nonetheless, based on the location of proposed multi -family development on such properties and the present status of the related development application, the moratorium established pursuant to this ordinance will not have the effect of denying approvals needed for the development of projects with a significant component of multi -family housing; and that, therefore, the findings specified in Section 65858, subdivision (c), need not be made; and 0 WHEREAS, pursuant to Section 15001 of the California Environmental Quality Act (CEQA) Guidelines, this ordinance is exempt from CEQA based on the following: (1) This ordinance is not a project within the meaning of Section 15378 of the State CEQA Guidelines, because it has no potential for resulting in physical change in the environment, directly or ultimately. (2) This ordinance is categorically exempt from CEQA under Section 15308 of the CEQA Guidelines as a regulatory action taken by the City pursuant to its police power and in accordance with Government Code Section 65858 to assure maintenance and protection of the environment pending the evaluation and adoption of contemplated 2 local legislation, regulation and policies. (3) This ordinance is not subject to CEQA under the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. For the reasons set forth in subparagraphs (1) and (2), above, it can be seen with certainty that there is no possibility that this ordinance will have a significant effect on the environment. NOW THEREFORE, the City Council of the City of Petaluma does ordain as follows: Section 1. Recitals Made Findinas. The above recitals are hereby declared to be true and correct and findings of the City Council of the City of Petaluma. Section 2. Moratorium Imposed. A moratorium is hereby imposed on certain specified development in the City of Petaluma in the 1989 FEMA FIRM 100 Year Floodplain in accordance with the City's powers under Article XI, Section 5 of the California Constitution, Article VII, Section 54, of the City Charter, and California Government Code Section 65858, as follows: A. Scope No application for entitlements, including, but not limited to, building permits, general plan amendments, zoning approvals, approvals under the Subdivision Map Act or the City's subdivision ordinance, or design review approvals (e.g., SPARC approvals) for uses located on a parcel or any part of a parcel in the City of Petaluma located in the floodplain as depicted in the 1989 FEMA FIRM 100 Year Floodplain Map, as amended by an approved Letter of Map Amendment (LOMA) or Letter of Map Revision (LOMR) on file with the Citv of Petaluma. and upstream of the of the constriction weir of the Project ("Moratorium Area") shall be approved during the moratorium period. B. Statutory Findinas and Purpose. This ordinance is declared to be an interim ordinance as defined under California Government Code section 65858. This ordinance is deemed necessary for the following reasons: 1. The purpose of this Ordinance is to protect the public safety, health, and welfare from a current and immediate threat posed by the issuance of development entitlements that could result in development in the Moratorium Area that may result in negative safety and economic impacts on or of such proposed new development on other or existing development. 2. New development projects have been and/or may be proposed for construction in the Moratorium Area, and unless a moratorium is imposed on the issuance of permits for the design and/or construction of buildings or structures located in the Moratorium Area, development in the Moratorium Area may result in negative safety and economic impacts on or of such proposed new development on other or existing development, thus increasing the potential damage to the public health, safety, welfare of Petalumans from events such as the flooding event of December 31, 2005. 3. It is, therefore, necessary to impose a moratorium on issuance of permits for the design and/or construction of a buildings or structures located in the Moratorium Area to provide time to evaluate and adopt legislation, guidelines and/or policies as required to avert negative safety and economic impacts on or of such proposed new development on other or existing development. C. Armlicability. This ordinance shall apply to all applications for the issuance of permits for the design and/or construction of any building or structure located in the Moratorium Area that have not received final approval as of the effective date of this ordinance. D. Exceptions. This ordinance shall not apply to the following: 1. Tenant improvements and/or any other construction, repair or maintenance work on a building or structure existing as of the effective date of this ordinance; provided that, such work does not result in any increase in the square footage of the existing footprint of the structure, or in a different or more intensive use of the structure. 2. Public improvements that are not buildings or structures (e.g., traffic improvements). Section 3. Severabilitv. If any provision of the ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this ordinance are severable. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. Section 4. Effective Date and Duration This Ordinance shall become effective immediately upon passage and adoption if passed and adopted by at least four-fifths vote of the City Council and shall be in effect for 45 days there from unless extended by the City in accordance with Government Code Section 65858. 11